A. K. Meadows v. James A. Green

Per Curiam James A. Green, Jr. and A. K. Meadows entered into a custom brokerage house business in Houston in 1967. Disagreements arose over whether Meadows was a partner or an employee and whether or not Meadows had used business funds to pay personal debts. The business relationship was terminated in 1969. Green reported to the Harris County District Attorney's office that Meadows was his employee and that he had misapplied company funds. The district attorney presented this matter to the grand jury which returned two felony indictments for embezzlement. Meadows was tried and acquitted. This suit was then filed by Meadows for malicious prosecution and a partnership accounting. The jury found that the business was a partnership; Green did not relate fairly and honestly all material facts about the business relationship to the district attorney's office; the prosecution was instituted by or through Green's aid and cooperation; Green acted without probable cause and with malice; Meadows was innocent; and substantial damages. Judgment was entered for Meadows for $27,921.35. The Court of Civil Appeals reversed and rendered as to the action for an accounting, which is not before us, and reversed and remanded the cause of action for malicious prosecution. 517 S.W.2d 799. We reverse and remand to the Court of Civil Appeals.